Why in news?
The Supreme Court on 4th May, rejected a petition filed by a district judge challenging the appointment of a ‘junior’ judicial officer as an additional judge of the Karnataka High Court on the ground that it breaches the seniority rule.
- SC Said that it generally does not interfere with the President’s order on appointment of judges at the 11th hour.
- Plea was against a case of superseding/passing over of a senior District judge appointed under reserve category by a junior district judge, and the recommendation by the collegium of Karnataka High Court.
Background: Appointment of Judges
- According to the constitution: The Appointment of Supreme Court & High Court Judges should be done by the President of India with the consent of Chief Justice of India provided Under Part V & VI.
- A judge is appointed to the Supreme Court and the High Courts by the President of India from a list of names recommended by the collegium.
- A collegium of Supreme Court for appointments in Supreme Court is: a closed group of the Chief Justice of India and the senior-most judges of the Supreme Court.
- A collegium of High Court is: Chief Justice of India and the senior-most judges of the Supreme Court, along with Chief Justice of a High Court and its senior-most judges, for appointments to that court.
- No minister, or even the executive collectively, can suggest any names for
- appointment as judges, to the President.
Extra Information: Provisions in the Constitution regarding Judiciary:
- Part V – Chapter IV – Deals with Union Judiciary i.e., Supreme Court – appointment & removal, role & function
- Part VI – Chapter V – Deals with High Court – appointment & removal, role & function
- Part VI – Chapter VI- Deals with Subordinate Courts – appointment & removal, role & function
- Article 50 – Independence of Judiciary – which separates judiciary from executive
- Other provisions are also under various parts & Articles which deals with the court responsibility.